“authorised proposal” means any proposed development in a staged development that the owner developer thereof will be authorised but cannot be compelled to carry out under the staged development contract for that staged development;

“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;

“common expenses” means expenses —

(a)

relating to the common property and any movable property held by or on behalf of a management corporation;

(b)

relating to the limited common property and any movable property held by or on behalf of a subsidiary management corporation; or

(c)

required to meet any other purpose or obligation of a management corporation or subsidiary management corporation;

“future development lot”, in relation to any staged development, means a lot or proposed lot or any other area reserved for future development in the staged development;

“immediate family member”, in relation to any person, means a spouse, child, adopted child, step-child, sibling or parent of that person;

“initial period”, in relation to a management corporation or subsidiary management corporation, means a period starting from the day on which the management corporation or subsidiary management corporation, as the case may be, is constituted (except pursuant to a comprehensive resolution under section 78(2)(b)) and ending —

(a)

12 months later; or

(b)

on the day when the first annual general meeting of the management corporation or (as the case may be) subsidiary management corporation is held,

“limited common property” means such part of the common property in a parcel that is —

(a)

in the case of common property to be comprised in a strata title plan, designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or

(b)

in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution referred to in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,

but does not include —

(i)

the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel; and

(ii)

any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel;

“lot” means any stratum within a parcel comprised in a strata title plan and which —

(a)

is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and

(b)

is shown as a lot on the strata title plan,

and includes a lot specified as an accessory lot on any such plan;

“maintenance fund”, in relation to a development, means any maintenance fund established under section 16(2) or (3) by the owner developer of the development for the common property or limited common property, as the case may be, of that development;

“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act (Cap. 158);

“managing agent” means a managing agent appointed under this Act;

“mediation” means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute;

“non-strata lot” means any stratum that —

(a)

is within any land or building not comprised or not to be comprised in a strata title plan; and

(b)

is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;

“owner” includes an owner developer and —

(a)

in relation to a building, means the person for the time being receiving the rent of the building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;

(b)

in relation to any common property or limited common property not comprised in a strata title plan, means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as owner of that common property or limited common property; or

(c)

in relation to any common property or limited common property comprised in a strata title plan, means the management corporation or subsidiary management corporation, as the case may be, having control of the common property or limited common property;

“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;

“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan;

“person responsible”, in relation to an exterior feature of a building, means —

(a)

except as otherwise provided by paragraph (b), (c) or (d), the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, or such other person who has charge and control of the management and maintenance of the exterior feature;

(b)

subject to paragraph (c), where the exterior feature is part of any common property or limited common property —

(i)

in the case of common property of any housing estate of the Housing and Development Board — the Town Council established under the Town Councils Act (Cap. 329A) for that housing estate or the contractor (if any) engaged by the Town Council and who has charge and control of the management and maintenance of the common property; or

(ii)

in the case of common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner thereof or the managing agent (if any) appointed by the owner and who has charge and control of the management and maintenance of the common property or limited common property, unless otherwise provided by paragraph (d);

(c)

where the exterior feature is a window, grille or shutter that is part of a flat — the owner of that flat or other person who ordinarily has daily charge and control over the maintenance and use of such window, grille or shutter; or

(d)

such other person as may be prescribed as the person responsible for the exterior feature;

“relevant authority” means any one or more Government or statutory authorities empowered under any written law to approve plans for development or subdivision of any land or plans relating to the construction of any building, and includes the competent authority;

“repealed Act” means the Buildings and Common Property (Maintenance and Management) Act (Cap. 30) repealed by this Act;

“schedule of strata units”, in relation to any parcel, means the schedule of strata units showing the share values for each lot or proposed lot in that parcel, and includes any amended schedule of strata units;

“share value”, in respect of a lot or proposed lot, means the share value of that lot or proposed lot as shown in the schedule of strata units;

“staged development” means any development of a parcel comprised or to be comprised in a strata title plan consisting of —

(a)

the progressive improvement of the parcel in stages by the construction of buildings or the carrying out of works (or both) on a lot, proposed lot or future development lot therein or such lots therein; and

(b)

the subsequent subdivision under any written law of each future development lot therein and the consequential adjustments of share values of lots or proposed lots within that strata title plan;

“stratum” means any part of land which consists of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;

“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;

“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act;

“temporary occupation permit” means a temporary occupation permit granted by the Commissioner of Building Control under the Building Control Act (Cap. 29);

“wall” includes a door, window or other structure forming part of the wall;

“warranted development” means any proposed development in a staged development that the owner developer thereof warrants will be carried out and may be compelled to carry out under the staged development contract for that staged development;

“window” includes a roof skylight, glass panel, glass brick, louvre, glazed sash, glazed door, translucent sheeting and any other building material which transmits natural light directly from outside a building into a room of or an interior of the building.

[42/2005; 47/2007]

(2) For any management corporation or subsidiary management corporation, a motion is decided by ordinary resolution if —

(a)

the motion is passed at a duly convened general meeting of such corporation of which at least 14 days’ notice specifying the motion has been given; and

(b)

the votes cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken are as follows:

(i)

if no poll is taken — the number of valid votes counted for the motion are more than the valid votes counted against the motion; or

(ii)

on a poll — the total of the share value of the lots for which valid votes are counted for the motion is more than the total of the share value of the lots for which valid votes are counted against the motion.

(3) For any management corporation or subsidiary management corporation, a motion is decided by special resolution if —

(a)

the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

(b)

on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 75% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

(4) For any management corporation or subsidiary management corporation, a motion is decided by unanimous resolution if the motion —

(a)

is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

(b)

is supported by every valid vote cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

(5) For any management corporation or subsidiary management corporation, a motion is decided by 90% resolution if —

(a)

the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

(b)

on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

(6) For any management corporation or subsidiary management corporation, a motion is decided by comprehensive resolution if —

(a)

the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

(b)

at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots of all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be.

(7) For any management corporation or subsidiary management corporation, a motion is decided by resolution by consensus if —

(a)

the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

(b)

at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be, support the motion in writing.

(8) For the purposes of subsections (2) to (6), a valid vote, in relation to any motion to be decided by any resolution referred to in any of those subsections, means a vote cast by a subsidiary proprietor entitled to vote, other than a vote which is —

(a)

given both for and against the motion;

(b)

unmarked; or

(c)

void for uncertainty.

(9) For the purposes of this Act —

(a)

all windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot, being either louvres, casement windows, sliding windows or windows with any movable part, shall be part of the lot, proposed lot or (as the case may be) non-strata lot and not common property; and

(b)

all other windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot shall be common property, unless otherwise described in a strata title plan.